Control over administration. Judicial Control over Administrative actions 2022-10-27

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Control over administration refers to the ability to influence or direct the actions and decisions of a government or organization. This can be exercised through a variety of means, including legal frameworks, institutional structures, and political processes.

One important aspect of control over administration is the separation of powers. In a democratic system, the three branches of government (legislative, executive, and judicial) are designed to operate independently and act as checks and balances on each other. This helps to ensure that no single branch has too much power and can prevent abuses of authority.

Another way in which control over administration can be exercised is through elections. In a democratic system, citizens have the right to vote for their representatives, who are then responsible for making decisions on their behalf. This allows individuals to have a say in the direction of their government and hold their elected officials accountable for their actions.

Political parties also play a role in control over administration. Parties provide a platform for individuals with shared ideologies and policy positions to come together and advocate for their positions. Parties can also act as a means for holding politicians accountable to their constituents, as voters can choose to support or reject a party based on its actions and policies.

Institutional structures, such as oversight committees and watchdog organizations, can also help to exercise control over administration. These bodies are responsible for monitoring and evaluating the actions of government officials and can hold them accountable for any abuses of power or mismanagement.

Ultimately, control over administration is essential for ensuring that government and organizations are accountable to the people they serve. It helps to prevent abuses of power and promotes transparency and fairness in decision-making processes. By exercising control over administration, individuals and communities can shape the direction of their government and hold it accountable to their needs and values.

Political Science Notes: Control of Legislature Over Administration

control over administration

SC on the Power of Clemency with the Governor: It was when the former Andhra Pradesh governor Sushil Kumar Shinde granted clemency to Gowru Venkata Reddy, a congress activist; it led to another landmark judgment by the apex court. If any authority or person other than the competent authority takes action, the court's intervention can be sought under the provisions of lack of jurisdiction. Today administration is not concerned with only pure administrative function but also involved with a large number of quasi-legislative and quasi-judicial functions. The Judiciary has failed the nation during the time of Emergency 1975-77 but invented public interest litigation hereinafter referred to as PIL to project a new image of itself. .

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Judicial Control over Administrative actions

control over administration

Whose Job is the Hon' able SC doing? They are made accountable to different agencies which exercise control over them. It creates political awareness among the people. Judicial control over administration The administration through their actions is contributing a lot in designing and influencing the socio-economic order. While the system of Rule of Law is prevalent in Britain, America and many common-wealth countries including India, the Administration Law system prevails in France. Public administration exercises a large volume of power to meet the citizens need in modern democratic welfare state.

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Legislative Control over Administration: Congress and the W.P.A.

control over administration

The function of the executive is to represent the government and to see that different departments of the government are implementing the laws. Its use is generally limited to judicial purposes only. While the Supreme Court is empowered to issue these writs or orders or directives only for the enforcement of Fundamental Rights, the High Courts are empowered to issue these writs not only for the enforcement of Fundamental Rights but also for other rights. Besides these, there is one more writ, namely the writ of Injunction. One hour,that is 11 a. Administration has to function according to the law and the Constitution.

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Judicial Deference and Executive Control Over Administrative Agencies

control over administration

The primary purpose of judicial control over administration is the protection of the rights and liberty of citizens by ensuring the legality of administrative acts. Hanumanthiya, a member of Constituent Assembly dissented with the proposal of Prof. The old adage of 'justice delayed is justice denied', still holds good. For instance, ninth schedule of Indian constitution. It needs to be remembered that courts cannot run the government. In Constituent Assembly Debates Prof.

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JUDICIAL CONTROL OVER ADMINISTRATION, ACCOUNTABILITY AND SEPARATION OF POWER

control over administration

What are Administrative Controls Administrative controls are one of the control measures which takes into consideration the training, procedure, policy, or shift designs that lessen the threat of a hazard to an individual. The point in the drive in Delhi is an evidence of the failure of the governance, as the judiciary stepped into the shoes of the Executive. This undermines the prestige and the effectiveness of the judiciary. It is also called a vote of censure. This tussle resulted in landmark judgments of Indira Gandhi, Golaknath, and Kesavananda Bharti and also laid down the basic structure doctrine. Every department justifies its actions 'as per the provisions of the constitution'. The concept of rule of law further requires that no person should be subjected to harsh or arbitrary treatment.

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Judicial Control Over Administrative Acts: Administrative Law Notes

control over administration

Broadly speaking, there are two systems of legal remedies against administrative encroachments on the rights of citizens. Procedure in administration ensures accountability, openness and justice. This committee has helped not only to keep vigil on the administration efficiency, but has also help in removing many of the defects inherent in the previous system. Visual cues can remind workers which areas are prohibited from entering, when breaks need to be taken to limit heat exposure, and much more. The administration cannot spend a single rupee without the sanction of legislature. The matter maybe small or big, it cannot escape from the fusillade of criticism from the opposition.

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Control over Administration

control over administration

In recent years, there are many allegations of corruption against judges. It is then too much to say that under the Constitution the duty to make laws, the duty to exercise its own wisdom, judgment and patriotism in making law is primarily cast on the legislature? On federal relief policies, see Macmahon, A. Various high courts reinterpreted Article 356 so that the blanket powers of the governors to dismiss state governments were curtailed, the power to punish for contempt of court under Article 142 was expanded beyond court rooms and 'inherent powers' of the SC was used to cover a wider range of subjects. They were later dismissed from service. But these administrative functionaries and the agencies are resulting in maladministration and the corruption.

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Judicial Control Over Administration: Scope, Forms & Limitations

control over administration

The test of proportionality implies that the court has to go into the advantages and disadvantages of the action called into question. The order clearly reflects transgress of the judiciary into the domain of the legislature with the use of PIL. The estimates committee, after reviewing the organisation of the whole budget, suggests economies in the expenditures. The doctrine is a part of the basic structure of the Indian Constitution With a view to see that judicial activism does not become judicial adventurism the courts must act with caution and proper restraint. The general deprivation of people also results in deprivation of justice to them.


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